Kansas Statutes Annotated

K.S.A. § 16-117 (2026)

Definitions

✓ current as of May 2026
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16-117. Definitions. As used in this act:

(a) "Credit agreement" means an agreement by a financial institution to lend or delay repayment of money, goods or things in action, to otherwise extend credit or to make any other financial accommodation. For purposes of this act the term "credit agreement" does not include the following agreements: Open-end or closed-end promissory notes, real estate mortgages, security agreements, guaranty agreements, letters of credit, deposit account agreements, agreements in connection with deposit accounts for the payment of overdrafts, agreements in connection with student loans insured or guaranteed pursuant to the federal higher education act of 1965, and acts amendatory thereof and supplementary thereto, and agreements in connection with "lender credit cards" as defined in the uniform consumer credit code;

(b) "creditor" means a financial institution which extends credit or extends a financial accommodation under a credit agreement with a debtor;

(c) "debtor" means a person who obtains credit or receives a financial accommodation under a credit agreement with a financial institution; and

(d) "financial institution" means a bank, savings and loan association, savings bank or credit union.

History: L. 1988, ch. 55, § 1; L. 1989, ch. 70, § 1; L. 1998, ch. 56, § 1; July 1.

Notes of Decisions
Cited in 5 cases, 1997–2011 · leading case: Miami Cnty. Bd. of Commissioners v. Kanza Rail-Trails Conservancy, Inc., 255 P.3d 1186 (Kan. 2011).
Miami Cnty. Bd. of Commissioners v. Kanza Rail-Trails Conservancy, Inc., 255 P.3d 1186 (Kan. 2011). · cites it 6× “58-3212(b) provides that the nongovernmental responsible party "shall file" with the county clerk of each county "where a portion of the recreational trail is or will be located a bond or proof of an escrow account in a Kansas financial institution, as defined by K.S.A.…”
Bittel v. Farm Credit Svcs. of Cent. Kansas, PCA, 962 P.2d 491 (Kan. 1998). · cites it 5× “: This case requires us to interpret the Credit Agreement Act (Act), K.S.A. 16-117 and K.S.A. 16-118, relating to liability upon oral credit agreements.”
Wells v. State Bank of Kingman, 945 P.2d 418 (Kan. Ct. App. 1997). “K.S.A. 16-117(a). The statutes were enacted in 1988 in an apparent attempt to limit “lender liability” claims based on alleged oral agreements between borrowers and financial institutions.”
Bryant Manor, LLC v. Bank of Am., N.A. (In Re Bryant Manor, LLC), 434 B.R. 629 (Bankr. D. Kan. 2010). · cites it 5× “K.S.A. 16-117(a) specifically provides that for the purposes of the Kansas commercial statute of frauds, a “credit agreement” does not include a promissory note or real estate mortgage.”
Consol. Servs., Inc. v. KeyBank Nat'l Ass'n, 29 F. Supp. 2d 942 (N.D. Ind. 1998). “1, 1991); Kan.Stat.Ann. §§ 16-117 to -119 (1988) (effective Mar.”
— K.S.A. § 16-117(a) — 3 cases
Bittel v. Farm Credit Svcs. of Cent. Kansas, PCA, 962 P.2d 491 (Kan. 1998). “: This case requires us to interpret the Credit Agreement Act (Act), K.S.A. 16-117 and K.S.A. 16-118, relating to liability upon oral credit agreements.”
Wells v. State Bank of Kingman, 945 P.2d 418 (Kan. Ct. App. 1997). “K.S.A. 16-117(a). The statutes were enacted in 1988 in an apparent attempt to limit “lender liability” claims based on alleged oral agreements between borrowers and financial institutions.”
Bryant Manor, LLC v. Bank of Am., N.A. (In Re Bryant Manor, LLC), 434 B.R. 629 (Bankr. D. Kan. 2010). “K.S.A. 16-117(a) specifically provides that for the purposes of the Kansas commercial statute of frauds, a “credit agreement” does not include a promissory note or real estate mortgage.”
— K.S.A. § 16-117(d) — 1 case
Bryant Manor, LLC v. Bank of Am., N.A. (In Re Bryant Manor, LLC), 434 B.R. 629 (Bankr. D. Kan. 2010). “K.S.A. 16-117(a) specifically provides that for the purposes of the Kansas commercial statute of frauds, a “credit agreement” does not include a promissory note or real estate mortgage.”
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